$3.1 Million Settlement Demanded in Delayed Cancer Diagnosis Case

For the Balkinization Symposium on Richard Primus, The Oldest Constitutional Question: Enumeration and Federal Power (Harvard University Press, 2025).William Ewald The most striking thing about the bundle of ideas Richard Primus calls “Enumerationism” is how distinctively American it is. (It will be helpful to capitalize the word to distinguish the theory from the simple enumeration of federal powers.) All constitutions apportion governmental powers, but the near-universal American understanding that Article I, §8 is meant to limit Congressional power (and related ideas, like his “internal limits canon,” which says that the enumerated powers must add up to less than the powers of a government of general jurisdiction) is not found in any other constitutional system with which I am familiar; not, at any rate, in the same way. Why is that? What lies behind this American exception? Is Enumerationism the reflection of deep…

Scott Caron (Widener), The NextGen Bar Exam Meets the next Generation Law Student: A Revised Approach to Legal Analysis, 50 U. Dayton L. Rev. 43 (2024): The bar exam is changing, and soon. The National Conference of Bar Examiners (“NCBE”), the entity that supplies the bar exam for a majority...

For purposes of this article, the mesothelioma victim in this case will be referred to as J.P. In a significant ruling from Boston, a jury in Massachusetts awarded $8 million in compensation to an 84-year-old woman who developed pleural mesothelioma after years of using Johnson & Johnson’s talcum baby powder. The jury determined that the company’s famous baby powder contained asbestos, a dangerous substance that causes mesothelioma and several other illnesses, that J&J was aware of the dangers its product posed, and that the asbestos exposure ultimately led to J.P.’s mesothelioma diagnosis. J.P. received her mesothelioma diagnosis in 2021, one year after the giant pharmaceutical company stopped selling its talc-based baby powder in North America and a year before it terminated global sales. The plaintiff’s legal representatives argued that she had used the product throughout her life, not only on herself, but also on her children while caring for…

The Legal Theory Bookworm recommends Marital Privilege: Marriage, Inequality, and the Transformation of American Law by Serena Mayeri. Here is a description: How the privileged legal status of marriage survived decades of constitutional struggle and social change The United States is unusual among wealthy western nations in the degree to which the law channels public benefits and private economic resources through marriage. This remains so despite seismic changes in American family life in the last several decades of the twentieth century. During this period, marriage rates declined while divorce and nonmarital childbearing soared. Social movements—for racial and economic justice, women’s and gay rights and liberation, civil liberties, and reproductive freedom—transformed the legal landscape. In Marital Privilege, Serena Mayeri tells the stories of parents and partners, activists and lawyers who challenged the legal primacy of…

The Download of the Week is Personhood as Participation by James Toomey. Here is the abstract: “Legal personhood” is thought to be a concept of foundational and systemic importance to the legal system, encompassing all living human beings, born alive, and certain collectivities called corporations. The problem is that the more one tries to square these uncontroversial intuitions with one another, the less the concept hangs together. Many things that we do not call “legal persons” are treated in legally identical ways to entities that we do call “legal persons”—and entities within the class of “legal persons” are treated in radically different ways among themselves. To be sure, we can call anything we want “legal persons”—but not without trivializing the concept. This Chapter makes two claims. First, I argue that the concept of legal personhood, as currently understood, is not doing the work…

Courts have tools—from noncustodial sanctions to judicial deputies—to enforce their orders. David L. Noll When the federal executive branch defies the courts, are the courts powerless to compel compliance? Many observers assume courts depend entirely on executive cooperation for enforcement, given that the U.S. Marshals Service is an executive branch agency. But, as I argue in this new Lawfare research report, this overlooks enforcement mechanisms that, as either a legal or practical matter, operate independently of the executive branch. Before ordering the arrest of executive branch officials, courts can make use of powerful non-custodial sanctions: stripping officials of immunity, imposing substantial personal fines, and levying professional sanctions. If those fail, courts’ arrest powers are stronger than commonly appreciated. Though located within the executive branch, the marshals operate under a statutory duty to enforce all lawful court…

Israel-Hamas War Our Duty to Explain Israel’s Operation to “Concentrate and Move Population” in Gaza is a Manifest War Crime by Eyal Benvenisti and Chaim Gans Manifestly Illegal: Israeli International Law Scholars on the Stated Plan to “Concentrate” the Palestinian Population in South Gaza by Eliav Lieblich and Tamar Megiddo Srebrenica Genocide Thirty Years After the Srebrenica Genocide: Remembrance and the Global Fight Against Denial by Sead Turčalo Afghanistan / Press Freedom The Taliban’s Slow Dismantling of Afghan Media by Olof Blomqvist International Justice Rethinking ICC Reform: Politics, Legitimacy, and the Perils of Expansion Without Consolidation by Nema Milaninia The Lost Archive: France’s Highest Court Should Follow WWII-Era Rejection of Head of State Immunity by Dan Plesch and Steve Kostas U.S. Diplomacy Trump Administration’s Proposed Cuts to Accountability for Mass Atrocities Undermine Its Own Strategic Goals…

In Indiana, the statute of limitations for a personal injury claim arising from a car accident is generally two years from the date of the crash. While that two-year deadline may seem straightforward, it is one of the most critical and complex aspects of your case, containing hidden exceptions and unforgiving consequences that can determine the entire course of your physical and financial recovery. Insurance companies are keenly aware of this deadline. They know that every day that passes can make your case harder to prove. They know that if you miss this window of opportunity, your right to seek justice can be extinguished forever. That’s why it’s so important, after an accident, to act quickly to ensure you don’t miss the statute of limitations for car accident claims in Indiana. An experienced Indianapolis car accident attorney can help you file on time, preserve evidence, and protect your rights every step of the way. GET A FREE CASE EVALUATION Why Do…

One of the topics we have discussed regularly on this blog is the right of social tenants to buy their homes—and the long-term problems this has caused. The most recent post being our June 2024 post on why the housing crisis cannot be solved without reforming Right to Buy. The Problem Councils/Local Authorities have had the ability to sell council houses to their tenants since 1936.  However, this was rare until Mrs Thatcher’s government passed the Housing Act 1980. This act gave council tenants the right to buy at a substantial discount. Subject to certain conditions, including a qualifying period of residence. This proved to be a very popular policy, and since that time, millions of council tenants have purchased their council homes. However, in the long term, it has been very bad for the country and our housing. The main problem is that councils were not able to use the proceeds of sale to build new homes. Which meant that the number of properties in council…

As artificial intelligence (AI) technology advances, algorithmic pricing is transforming how firms interact and compete in the marketplace. The increased use of sophisticated algorithms to set prices in real time based on user data  raises important and urgent concerns about fairness, transparency, and market power. Many scholars warn that algorithmic pricing tools will facilitate unlawful cooperation between firms that may lead to unsustainably high prices, harming consumers. Since their passage over a century ago, the Sherman Act and the Clayton Act still offer the main statutory tools for addressing anti-competitive behavior in the United States. These laws are enforced by the U.S. Department of Justice and the Federal Trade Commission (FTC), which independently investigate and prosecute cases involving monopolization, price-fixing, and other forms of collusion. While the Justice Department, which has exclusive jurisdiction on certain industries, focuses on civil and…

Most trade secret disputes arise intrastate or interstate. However, trade secret lawsuits are not limited actions occurring within a particular state or the United States. A trade secret plaintiff can assert a misappropriation claim for acts occurring outside the United Stated under certain conditions pursuant to the federal trade secret act known as the Defend Trade Secrets Act, or DTSA for short. In fact, DTSA creates a private cause of action for trade secret misappropriation when the “trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce.” 18 U.S.C. § 1836. The Miami business litigation attorneys of the Mavrick Law Firm represent businesses and their owners in breach of contract litigation and related claims of fraud, non-compete agreement litigation, trade secret litigation, trademark infringement litigation, employment litigation, and other legal disputes in federal and state courts and in…

By Stephanie Everett At Lawyerist—and our sister company ,Affinity Consulting—we closed the company for an entire week. Again.  No Teams. […] The post It’s Not a Luxury—It’s Leadership: Why We Closed Our Company for a Week  appeared first on Lawyerist. News Articles, Healthy Team

UN experts on Friday voiced concern over ongoing judicial proceedings against Thai human rights defender Pimsiri Petchnamrob, urging the Thai government to drop all charges against her and other human rights defenders involved in pro-democracy protests. The experts also urged authorities to revise and repeal lèse-majesté laws, as they restrict freedom of expression and peaceful assembly. The experts reiterated their previous call to amend and abolish the laws for creating an atmosphere of fear and self-censorship. They stated, “Public figures, including the highest political authorities, are legitimately subject to criticism,” emphasizing that the state must protect civil society and human rights without criminalising their work. Pimsiri Petchnamrob is a prominent Thai human rights activist and equality advocate. She was charged on 10 counts, including insulting the monarch, inciting insurrection, and illegal assemblies, in 2021, stemming from a speech…

You Can Only Bite Your Colleagues So Many Times: Summer associate fired for repeatedly biting her co-workers. Not making this up. A Few Good Blondes: This Legally Blonde x A Few Good Men mashup is the video you didn’t know you needed. Looking Back, The Bar Exam Was A Wreck: It looked that way back then too! This Firm Must Not Know About The Streisand Effect: You should definitely go read the thing they don’t want you to see. MAGA Desperate To Prove LITERAL ALIEN Isn’t An Illegal Immigrant: Hard to argue with folks that haven’t done the reading. The post Keep Your Mouth To Yourself — See Also appeared first on Above the Law.

Spousal maintenance can be a contentious issue in some Washington divorces.  In Washington, a court may order spousal maintenance in a divorce case in the amount and for the amount of time “as the court deems just,” after it considers the relevant factors. RCW 26.09.090 sets forth a non-exhaustive list of factors, including the financial of the party who is requesting maintenance; how long it would take them to obtain education or training to find appropriate employment; their standard of living while married; the length of the marriage; their physical and emotional condition, age, and financial obligations; and the other party’s ability to meet their own financial obligations. In a recent unpublished case, a former wife appealed an order awarding the husband spousal maintenance after he alleged he was medically unable to work. The parties got married in September 2015 and the wife filed for divorce in July 2022.  They settled the property division,…

Defendants in criminal cases typically have four options for resolving their case if the charges are not dismissed: Plea negotiation, where the defendant agrees to plead guilty (or no contest) to one or more charges in exchange for a concession from the prosecution. Plead guilty/no contest with an agreed-upon disposition (outcome). Plead guilty/no contest without an agreed-upon disposition. The State and the defense present arguments for the appropriate sentence, which the court will decide upon. Proceed to a trial, where a judge or jury will decide guilt or innocence and, if convicted, a sentence will be imposed. In Maine, a fifth option is deferred disposition. Let’s take a look at what this is, who it may be available to, and how it works in practice across the state. Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today. …

For most legal marketing professionals, the AI era has seen growing budgets, according to a new report by the Legal Marketing Association and Above the Law.  When adjusting for inflation, 54% of respondents to the 2025 Legal Marketing Decision-Makers Survey report “slightly” or “significantly” increased budgets in recent years, while only 14% say their budgets have slightly or significantly decreased.  A number of respondents noted that their marketing department is often at the “forefront of new technology and innovation that impact the legal industry,” according to the report, since they’re “able to identify the technologies that will best work to make their firm successful.”  The 2025 Legal Marketing Decision-Makers Survey draws on data from nearly 100 top legal marketing and business development professionals, who weigh in on everything from technology best practices to specific advice for…

2nd Circuit decision upholding New York’s gun liability law is ‘massive victory,’ state AG says